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sanjay kumar solanki   20 February 2019

125 maintainance vs dv

a wife has been gaining 5000 rs per month from her husband as maintainance since a year.a case of domestic violence has been also file by her in civil court.so will that court may also order husband to pay more ?only one maintaiance can be allowed?if husband is not able to give both maintainance then what will court do?can he appeal agaist dv in high court as he is maintaining his children and parents and also provide many proofs of expences?plz guide.


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 3 Replies

Kavita   23 February 2019

Domestic violence is filed before MM court not in civil court. You cannot claim maintenance for the same person and from the same person from different courts. Whichever court awards maintenance, will take into account the expense of the parents and the children and then fix maintenance of the wife in this case, if fresh application is made now. This amount main vary from the present 5000 depending on how the case is presented. If the wife can prove that the earning capacity of the husband is more than he claims, amount may be increased

Kavita   23 February 2019

Domestic violence is filed before MM court not in civil court. You cannot claim maintenance for the same person and from the same person from different courts. Whichever court awards maintenance, will take into account the expense of the parents and the children and then fix maintenance of the wife in this case, if fresh application is made now. This amount main vary from the present 5000 depending on how the case is presented. If the wife can prove that the earning capacity of the husband is more than he claims, amount may be increased

Kavita   23 February 2019

Domestic violence is filed before MM court not in civil court. You cannot claim maintenance for the same person and from the same person from different courts. Whichever court awards maintenance, will take into account the expense of the parents and the children and then fix maintenance of the wife in this case, if fresh application is made now. This amount main vary from the present 5000 depending on how the case is presented. If the wife can prove that the earning capacity of the husband is more than he claims, amount may be increased

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